DiLoreto v. Town of Winchester

Michael E. DiLoreto, (“DiLoreto”), has brought a two-count negligence action against the Town of Winchester (“Winchester”) for damages he allegedly suffered as a result of Winchester’s negligent operation of its public water supply system (Count I) and its negligent control of a storm drain gate (Count II). Winchester has now moved for summary judgment on both counts. For the following reasons, Winchester’s motion is allowed in part and denied in part.

BACKGROUND

At all times relevant to this action, DiLoreto owned and resided at 51 Squire Road, Winchester. Winchester owned and maintained a…